Defendant shall be punished by imprisonment for a term of one year and four months.

However, the execution of the above punishment for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On June 20, 2008, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act from the Youngcheon District Court’s Young-gu branch on June 20, 2008. On January 20, 2009, the Defendant received a summary order of KRW 1 million as a fine for the same crime in the same court.

【Criminal Facts】

On November 16, 2019, at around 13:44, the Defendant driven a D K7 car under the influence of alcohol content 0.213% from a section of approximately 1.5 km to the sub-lane 11 of the sub-section 11 of the sub-section 11 of the sub-section 11 of the sub-section 201.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the results of the regulation of drinking driving, site photographs, 112 report handling table, investigation report (specific, such as the final drinking time);

1. Previous convictions in judgment: An inquiry letter and application of summary order-related Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and orders to provide community service;

1. The scope of applicable sentences: Imprisonment with prison labor for a period of one year to two years and six months;

2. Scope of recommendations: Non-application of the sentencing criteria.

3. The Defendant, while under the influence of alcohol level of 0.213%, driven a car approximately 1.5 km.

The defendant was sentenced to a fine of 2 million won due to a drunk driving in 2001, a fine of 1.5 million won due to a drunk driving in 2002, a fine of 2 million won due to a drunk driving in 2003, a fine of 2 million won due to a drunk driving in 2008, a fine of 1 million won due to a drunk driving in 2009, a fine of 1 million won due to a drunk driving in 2009, and a criminal vehicle for an escape without a license in 2010 and a sentence of 2 year of suspended sentence for 10 months.

Such blood alcohol concentration, driving distance, contents and distance of previous punishment power, and the age, character and conduct, family relationship of the defendant.